James E. Novak
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Felons can no longer sue victims

Arizona voters passed Proposition 114, as expected, by an overwhelming 80% margin. The Arizona Constitution will be amended to abolish the right of aggressors to sue their victims if they are harmed in the process of committing a felony offense. There was little opposition, and no formal organized arguments “against” the measure prior to the election.

The constitution previously allowed for an unrestricted right of a person to sue another if they were harmed or injured by the person or property owner. However, this enabled some criminal offenders to sue their victims.

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The Maricopa County Attorney’s office recently issued a press release about Maricopa County Prosecutors preparing to receive some of the most advance training available, to enhance prosecution of drug impaired drivers.

Drug DUI charges now constitute almost half of DUI charges. It is also reported that drug impaired drivers make up about 50% of all drivers involved in fatal crashes and serious motor vehicle accidents.

The officers will be sent for a week long course taught by internationally recognized experts in a variety of fields related to Drug effects and DUI impairments. Subjects will include:

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“Arizona among other states that have legalized Medical Marijuana, have been prohibited from implementing the Medical Marijuana laws, due to Federal prohibition and fear of prosecution.   

The FBI recently released crime statistics for 2011 crime statistics in 2011. It was estimated that every 42 seconds a Marijuana arrest was made in the United States. Of those, 87% of those were for Marijuana possession. Over half of all illegal drug arrests made, were for possession of Marijuana.

Arizona is one of several states that legalized Medical Marijuana, but has been prohibited from implementing the Medical Marijuana laws, due Federal prohibition and prosecution.

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Arizona Proposition 14, if passed by voters will protect the victim from being the subject to a lawsuit if a person is injured or death results from felony conduct. The Proposition would amend the following sections of the Arizona Constitution:

  • Article II, section 31 regarding “Damages for death or personal injuries”;  and
  • Article XVIII, section 6, regarding “Recovery of damages for injuries”
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Family of deceased mentally ill inmate files new lawsuit for $20 Million by family for death of mentally ill inmate, Ernest Atencio who died in December 2011.

The lawsuit names multiple entities in the law suit including MCSO, Phoenix Police Department, and other individuals they feel are accountable for his wrongful death.

The lawsuit alleges that multiple officers beat the inmate; shot him with a stun without provocation; humiliated him by mocking his mug shot along with other allegations.

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This week, the State of Arizona granted Maricopa County Sheriff’s Office (MCSO) a sum of $230,000.00 for DUI and Speeding enforcement.  The funds will be used to increase patrols; pay over-time for DUI investigations; drug recognition; and detention.

In addition to having some of the toughest laws and penalties for DUI – DWI, Arizona also has some of the best Impaired Driver enforcement programs in the USA.  For police officers they provide strong training programs; opportunities for Drug and DUI phlebotomy training; Drug Recognition Education (DRE);  tenured prosecutor as the Traffic Safety Resource Prosecutor (“TSRP”).; Defense Expert Banks;  extra funding for special task forces such as DUI and Underage drinking;  special motorcycle task forces; other DUI processing vehicles and other resources.

Arizona DUI laws

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National Center of Disease Control (CDC) weighs in on predictable effects based on BAC

A person’s BAC refers to the Blood Alcohol Content found in a person’s body. This can be measured through means of a DUI breath or Chemical Blood test. If a certain limit is exceeded, the motorist was found to be driving impaired due to alcohol they will be arrested for DUI charges.

Each state has adopted its own legal limit. In Arizona, the legal limit is 0.08%. Arizona is considered to have one of the motorist DUI laws in the country because it goes a step further. Arizona motorists may be arrested for DUI even if their BAC does not exceed 0.08%; and even if the motorist has not alcohol in their system.

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Vehicular crime laws in Arizona carry some of the most severe consequences and penalties. The Maricopa County Sheriff’s Office was granted additional funding in October 2012 investigation of vehicular crimes that result in serious and fatal auto crashes. The additional $30,000.00 funding will allow police to spend more time investigating DUI accidents and fatal crashes caused by driver impairment due to alcohol and drugs.

Vehicular Crimes Arizona

A “vehicular crime” can be described as any crime involving use of a vehicle. Driving “impaired to the slightest degree” DUI due to alcohol or drugs. This is the case, even if an accident or injury was not involved.

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What Police and city officials are doing to take back their crime plagued city.    

As the trial begins for the murdered ASU student, Kyleigh Sousa, Tempe Police and City Officials try to prevent, and control crime and take back the downtown areas.

What was once the center of fun, and enjoyable activities, and entertainment, has now become the center of organized drug gangs and violence.  We are reminded of not only the tragic death of this ASU student, but the shoot- out last year between gang members at a popular nightclub.

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Under Arizona Law A.R.S. 28-2831 (I) (6) DUI sentencing includes use of certified Ignition Interlock Device (IID) among other penalties.

Following reinstatement of fog a 90 day suspension for Misdemeanor DUI first time offense, the defendant will be required to equip their vehicle with a certified IID. The period of time ordered by the court may be 6 months to one year depending on the circumstances of the conviction. Factors the judge considered includes whether or not the impairment was due to drugs or alcohol; the degree of impairment; status and validity of driver’s license at the time of the stop.

Definition of Ignition Interlock Device

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Law Office of James Novak, PLLC
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